Are Faulty Medical Devices a Matter of Product Liability?

Medical devices are products designed to help medical professionals treat patients or patients monitor their condition from home. Some devices assist with diagnostics, others prevent illness, and a few treat injuries and diseases.

Sadly, these medical devices are not always used as intended or tested as thoroughly as they should. When this happens, injury and severe harm come to the patient. When the injury is the result of a faulty medical device, the patient might have a product liability claim against the manufacturer, physician, or company involved in the creation of that product.

Common Medical Devices Used Today

There are thousands of devices on the market today. Some used more than others include:

Pacemakers

Defibrillators

Heart Stents

Silicone Implants

Implantable Contraceptives

Intrauterine Devices

Artificial Joints

Heart Valves

Artificial Hips

The Approval Process for a Medical Device

Before medical devices can sell to physicians, hospitals, or retailers, they go through a stringent approval process issued by the US Food and Drug Administration (FDA).

The FDA does as much as possible to ensure all devices released are safe, and when a device is deemed dangerous, they take extra steps to remove it from the market. However, even with rigorous requirements, unsafe products enter the market each day. By the time most issues with these devices are recognized, patients are severely injured.

A patient injured by a dangerous medical device may have the right to file for compensation. They would recover damages from the responsible party or parties.

What Damages Can I Receive from a Faulty Medical Device?

The damages you might receive include your present and future medical costs, out-of-pocket costs, lost wages, future wages (if you are disabled), pain and suffering, and so forth. If there was willful disregard on the manufacturer’s part, you might receive punitive damages.

However, punitive damages are not designed to compensate you. Instead, they are a suitable punishment to the defendant and a warning to the public to avoid such errors. Not all product liability claims result in punitive damages.

Typical Product Liability Claims for Medical Devices

Some claim types are more common with medical devices than others, which include:

Defective design

Manufacturing defects or errors

Failure to warn

Marketing defects

Proving Liability is Complicated

Establishing these types of cases is highly complex, and often requires the assistance of an attorney. Just some of the items you must show to succeed include:

The company’s duty of care was not to harm you

The company or manufacturer breached their duty

The breach was the direct cause of your injury

The injuries resulted in compensable damages

Injured by a Medical Device? Speak with an Attorney

If a medical device injured you, it’s certainly something to be taken seriously, and you must contact a medical malpractice attorney immediately. A personal injury lawyer can assess your case and determine which party might be responsible for your injuries. Call an attorney in your area now by speaking with attorney Seth Gladstein at the Gladstein Law Firm, PLLC. Schedule a free consult today at 800-991-0474 or request an appointment online.